New Mexico law does not specifically prohibit vaping or using e-cigarettes while driving for most drivers. There is no state statute that makes it illegal to vape (nicotine or non-THC products) behind the wheel, as long as you are of legal age (21+) and not violating any other law.
Distracted Driving Laws Apply
However, New Mexico has strict distracted driving laws. All drivers are required to devote their “full time and entire attention” to operating the vehicle.
If vaping distracts you from driving—such as taking your hands off the wheel, obstructing your view, or otherwise impeding your ability to drive safely—you could be cited for distracted driving.
This is similar to how eating or other behaviors are treated: not illegal in itself, but potentially citable if it affects your driving.
Special Restrictions for Commercial Drivers
For commercial motor vehicle drivers, New Mexico law prohibits the use of handheld mobile communication devices while driving, but this does not explicitly include vaping devices unless they are used for communication purposes.
Vaping Bans in Public Spaces
Vaping is banned in all areas where smoking is banned in New Mexico, such as many public indoor spaces. However, these restrictions do not extend to private vehicles unless you are transporting minors or in a location where additional local ordinances apply.
THC and Cannabis Vaping
While the state health department strongly warns against vaping THC products due to health risks, there is no specific law that prohibits vaping cannabis in a private vehicle for adults. However, driving under the influence of cannabis (including via vaping) is illegal and can result in DUI charges.
Key Takeaways
- Vaping while driving is not specifically illegal in New Mexico for most drivers.
- Distracted driving laws apply: If vaping distracts you, you can be cited.
- Vaping THC or cannabis products while driving is not explicitly banned, but driving under the influence is illegal.
- Vaping in public spaces (not private vehicles) is restricted wherever smoking is banned.
- Legal age to purchase or possess vaping products is 21+.
You can legally vape and drive in New Mexico, but if it distracts you or impairs your driving, you could face a citation for distracted driving. Always drive with your full attention on the road and be aware of local ordinances and DUI laws.
Sources:
- https://www.trustedchoice.com/distracted-driving/new-mexico-laws/
- https://www.nmhealth.org/news/awareness/2019/10/?view=804
- https://szantholaw.com/posts/new-mexico-struggles-with-high-rate-of-distracted-driving-deaths/
- https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html